Statutory Instrument 117 of 2006.

Health Service Regulations 2006

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

PART II

APPOINTMENT, PERFORMANCEAPPRAISAL AND CAREERMOBILITY

3. General principles applicable to recruitment, advancement, promotion and grading of members.
4. Staff advisory committees.
5. Entrance examinations.
7. Probationary period.
8. Performance appraisal.
12. Promotion procedures.

PART III

RESIGNATION, TERMINATION OF EMPLOYMENT AND RETIREMENT

16. Termination of contract or temporary employment.
17. Pensionable age and retirement.
18. Retirement before reaching pensionable age.

PART IV

GRADING ANDSALARIES

19. Grading structure.

PART V

ALLOWANCES

21. Travel expenses.
22. Official travel.
23. Transportation of dependants, personal goods or both.
24. Subsistence allowance.
25. Proved and unproved expenses.
26. Transfer expenses.
27. Acting allowance.
28. Responsibility allowance.
29. Provision for performance awards and other allowances.

PART VI

INDEMNIFICATION OF DRIVERS

30. Interpretation in Part VI.
31. Indemnification of drivers.
32. Costs of legal representation.
33. Limitations of indemnification.
34. Right to recover.

PART VII

LEAVE

35. Interpretation in Part VII.
36. Vacation leave.
37. Annual leave.
38. Sick leave.
39. Maternity leave.
40. Manpower development leave.
41. Special leave.

PART V111

DISCIPLINARY PROCEDURES

42. Disciplinary authorities.
43. Disciplinary committees.
44. Procedure before and immediately following allegation of misconduct.
45. Hearings before disciplinary committee.
46. Determination of allegation of misconduct.
47. Member convicted of criminal offence.
48. Imposition of suspension order.
49. Effect and cancellation of suspension order.
50. Imposition of penalty by disciplinary authority.
51. Appeals to Board.
52. Appeals to Labour Court against decisions of Board.

PART IX

GRIEVANCE PROCEDURE

53. Interpretation in Part IX.
54. Grievance procedure for members of Health Service.

PART X

MAINTENANCE OFSERVICE

55. Interpretation in Part X.
56. Appointment of designated member.
57. Suspension or variation of working rules.
58. Suspension or discharge of members.
59. Notification of suspension or discharge.
60. Representations by members and former members concerning prohibition, suspension or summary discharge.
61. Charges of misconduct against suspended or reinstated members.

PART XI

GENERAL

62. Discharge of members on the grounds of detention, restriction, deportation or imprisonment.
63. Suspension of salary of member who is imprisoned, detained, restricted or deported.
64. Departures from Part V111 and IX in certain circumstances.

SCHEDULES

First Schedule : Acts of Misconduct.

Second Schedule : Promotion : Principles and Conditions.

Third Schedule : Eligibility for Manpower Development Leave. Fourth Schedule : Misconduct Report.

IT is hereby notified that the Health Service Board has, in terms of section 26 of the Health Service

Act [Chapter 15:16], made the following regulations with the concurrence of the Minister of Health and Child Welfare:—

PART I

PRELIMINARY

1. Title

These regulations may be cited as the Health Service Regulations, 2006.

                                                                                              2.   Interpretation

In these regulations:—

“appointing authority”, in relation to any appointment to the Health Service, means the Board or Hospital Management Board or the head of Ministry or department to whom it has delegated the power of appointment to any specified post;

“confirmed member” means a member who is confirmed in his or her appointment after a period of probation;

“delegated authority” means any authority to which the Board or Hospital Management Board has, in terms of these regulations, delegated any of its functions;

“department” means any division of the Ministry for which a head of department has been designated by the Board;

“disciplinary authority” means a disciplinary authority referred to in section 42;

“disciplinary committee” means a disciplinary committee appointed in terms of section 43;

“establishment officer” means the member who is designated by the Board as the establishment officer in a department;

“grade” means the position or grade which has been allocated to a post;

“junior grade” means any grade designated to be junior grade by the Board in terms of section 19;

“head of department” means the person designated to be head of department by the Board for purposes of these regulations;

“head of office” means the person designated to be the head of office by the Board for purposes of these regulations;

“head of ministry” means the permanent secretary of the Ministry of Health and Child Welfare;

“legal practitioner” means a person registered as such in terms of the Legal practitioners Act [Chapter 27:07];

“medical practitioner” means a person registered as such in terms of the Health Professions Act (Chapter 27:19)

“middle grade” means any grade designated to be middle grade by the Board in terms of section 19;

“misconduct” means any act or omission by a member which constitutes an act of misconduct specified in the First Schedule;

“pensionable emoluments” shall have the meaning assigned to that term by the pensions regulations;

“pensions regulations” means any regulations in force governing the terminal benefits of members of the Health Service;

“performance award” means any award or additional remuneration in cash or kind to a member, including any bonus or increment, made in accordance with the Board’s determination of the level of performance attained by that member;

“principal administrative officer” means a member designated as such by the Board;

“principal establishment officer” means a member designated as such by the Board;

“probation” means the period of employment before a member is confirmed in his or her appointment;

“senior grade” means any grade designated to be a senior grade by the Board in terms of section 19;

“staff advisory committee” means a committee appointed in terms of section 4(1);

PART II

APPOINTMENT, PERFORMANCEAPPRAISAL AND CAREERMOBILITY

                                   3.   General principles applicable to recruitment, advancement, promotion and grading of members

(1) In order to promote efficiency and effectiveness in the provision of health services to the public, the appointing authority shall, subject to subsection (2), recruit, advance, promote or grade those members who, in relation to the post in question, are the most suitable as regards-

• knowledge about the task to be performed and ability to perform it;
• relevant experience;
• the requisite qualifications and qualities; and
• where applicable, potential for training and development.

(2) The recruitment, advancement, promotion or grading of members shall be on the basis of merit as well as professional and moral standing.

                                                                                      4.   Staff advisory committees

• The head of Ministry or Hospital Management Board and head of department shall appoint a staff advisory committee to advise the head on all matters affecting appointment, transfer, promotion and training in the department concerned.
• The Board or Hospital Management board may, from time to time, issue notices or circulars governing the composition and procedure of staff advisory committees.

                                                                                       5.   Entrance examinations

• The Board or Hospital Management Board may, with a view to ensuring that persons recruited as members meet the requirements of their posts, set Health Service entrance examinations for any administrative, professional, clerical or technical post.
• The Board or Hospital Management Board may set pre-confirmation promotion examinations for any administrative, professional, clerical or technical post or grade:

Provided that success in a pre-confirmation or promotion examination shall not on its own entitle a member to confirmation or promotion, as the case may be.

• The Board or Hospital Management Board may issue notices or circulars governing the content and conduct of entrance examinations.

                                                                                   6.   Appointment and promotions

(1) Appointment as a member may be on—

• indefinite and pensionable conditions of service;
• temporary terms to fill a casual vacancy or supernumerary post; (c) contract for a specified period of service.
• The Board or Hospital Management Board may, from time to time, issue notices or circulars governing appointments to any post or grade, including notices or circulars specifying qualifications with respect to knowledge, ability, professional attainment, aptitude and potential.
• Every appointment shall be made by the Board or Hospital Management Board except to the extent that the Board has, in respect of specified posts, delegated its power of appointment to the Head of Ministry, Hospital Management Board or Head of Department which ever the case may be.
• The procedure governing appointments to the Health Service shall be guided by the following principles—
• candidates shall be timeously informed of any vacancy and the conditions of service attaching to it, and be given a reasonable time within which to apply;
• eligible candidates shall be considered equally on merit by fair competition under procedures which safeguard against individual bias; and
• the selection criteria and techniques to be applied shall be reliable, valid and relevant to the post concerned.
• Before making an offer of appointment the appointing authority shall complete to its satisfaction all the checks necessary to confirm that the candidate is eligible for appointment.
• No appointment shall be made, whether temporary or otherwise, for which no provision has been made in the Estimates of Expenditure for the current financial year.
• Every notice or advertisement inviting applications for appointment to a vacancy in the Health Service shall set out as clearly and concisely as possible the job description and job specification applicable to the vacancy.
• A candidate shall not be appointed to the Health Service—

(a) unless he or she has been examined by a medical practitioner and certified, to the satisfaction of the Secretary for Health, to be free from any mental or physical deficiency likely to interfere with the performance of his duties or render necessary his retirement before pensionable age:

Provided that, a candidate having a mental or physical deficiency or infirmity which is not likely to interfere with the efficient performance of his or her duties but which may render necessary his or her retirement before reaching pensionable age, may be appointed or promoted to such posts in the Health Service and subject to such conditions as the Board or Hospital Management Board may determine; (b) unless he or she has attained the age of eighteen years:

Provided that a candidate below that age may be appointed as a trainee, apprentice or cadet;

• unless he or she has completed, in a form provided by the Board or Hospital Management Board, a declaration prohibiting the unauthorised disclosure of information connected with his or her official duties;
• who—
  • has benefited from a voluntary retirement scheme implemented by the Board;
  • has been dismissed or called upon to resign from the Health Service, within a period of two years preceding the proposed appointment; or
  • has been convicted of a criminal offence for which he or she has been sentenced to and served a term of imprisonment;
  • has resigned from the Health Service for personal reasons within a period of one year preceding the proposed appointment;

unless the Board or Hospital Management Board expressly approves such appointment in writing.

• Upon appointment of a member on pensionable conditions of service or, subject to subsection (10)(b)(i), on contract for a specified period of service, the appointing authority shall issue to the member the appropriate letter of appointment.
• Members appointed on—
• pensionable conditions of service shall—
  • place the whole of their time at the disposal of the State;
  • accept liability to be transferred to any part of the country at any time; and
  • comply with all the conditions applicable to such service, as fixed from time to time by the Board or Hospital Management Board :

Provided that the Board or Hospital Management Board may grant a member authority to use part of that time for private practice under such terms and conditions as the Board or Hospital Management Board may stipulate;

• contract for a specified period of service shall—
  • not be appointed before the contract relating to them has been signed by them and by the appointing authority;
  • be governed as to their conditions of service by the terms of their contract;
• temporary terms shall-
  • be so advised in writing and shall indicate their acceptance in writing; and
  • except as otherwise stated in the letter of appointment, be bound by all the conditions applicable to service on pensionable terms.

                                                                                          7.   Probationary period

• A member appointed on pensionable conditions of service shall serve a probationary period of not less than six months:

Provided that if the member was in the employment of the State immediately before the appointment, the period or any part of the period of such continuous previous service with the State shall, if the appointing authority so determines, be included in the period of probation.

• The appointment of a person as a member shall, subject to subsections (3) and (4), be confirmed at the end of the probationary period.
• If at any time during the probationary period the appointing authority considers that a member does not meet the required standard of performance, the appointing authority may, if such appraisal has not already been made, call for a performance appraisal in terms of section 8, and if such appraisal indicates that the member fails to meet the required standard of performance the appointing authority may— (a) discharge the member; or

(b) extend the probationary period by not more than one year, at the end of which period the member shall be discharged if he fails to meet the required standard of performance.

(4) Notwithstanding the issue of a medical certificate under section 6(8)(a) upon the appointment of a member before confirmation, if the appointing authority considers that a member does not meet the required standard of health, or if a member, has taken sick leave aggregating to ninety days or more during the probationary period, it shall require the member to undergo a further medical examination by a medical practitioner approved by the Secretary for Health.